THE NATIONAL EMPLOYMENT STANDARDS

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1 THE NATIONAL EMPLOYMENT STANDARDS PUBLIC HOLIDAYS The National Employment Standards ( the NES ) are a statutory set of 10 minimum employment entitlements provided for in the Fair Work Act 2009 ( the Act ). The NES apply to employers and employees operating in the National System from 1 January, This fact sheet deals with public holidays. In some cases, a modern award or an industrial instrument can expand on or vary the entitlement provided for in the NES. Accordingly, in determining a particular employee s terms and conditions of employment, it is advisable to refer to all the NES, any relevant modern award or industrial instrument and the employee s contract of employment. PUBLIC HOLIDAYS The NES recognise public holidays to include the following days: 1 January (New Year's Day); 26 January (Australia Day); Good Friday; Easter Monday; 25 April (Anzac Day); the Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory); 25 December (Christmas Day); 26 December (Boxing Day); and any other day, or part-day, declared under a State or Territory law to be observed within the State or Territory, or a region of the State or Territory, as a public holiday. N.B. The Public Holidays Act 2010 (NSW) provides for additional days and substitute days to be recognised as public holidays in NSW, either for the whole or part of the State. The Public Holidays Act 2010 (NSW) also allows for days of special significance in a community to be observed as a local event day. A local event day is not a public holiday.

2 For a full list of the recognised public holidays in NSW for 2016, please see below from page 4. Substitution rules apply where a State or Territory has substituted one of the abovementioned public holidays for another day. The substituted day will be deemed to be the public holiday. For example, if 26 January (Australia Day) falls on a Sunday and the NSW Government substitutes the following Monday as the substitute public holiday, only the Monday would be considered a public holiday in NSW and not the Sunday. Modern awards and enterprise agreements may contain provisions dealing with substituted public holidays at a particular workplace. Clause 37.1 of the Hospitality Industry (General) Award 2010 ( the Hospitality Award ) allows for substitution of public holidays. Award/agreement free employees (those employees to whom neither a modern award nor an enterprise agreement applies) and employers may agree on the substitution of a public holiday for another day. Any such agreement should be recorded in writing. ENTITLEMENT ON A PUBLIC HOLIDAY The NES provides that an employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday. An employer may, however, request an employee to work on a public holiday. The employee may only refuse the request if the request was not reasonable or if the refusal is reasonable. In determining whether a request or a refusal of a request, to work on a public holiday is reasonable, the following factors must be taken into account: a) the nature of the employer's workplace (including its operational requirements), and the nature of the work performed by the employee; b) the employee's personal circumstances, including their family responsibilities; c) whether the employee could reasonably expect that the employer might request work on the public holiday; d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; e) the type of employment of the employee (e.g. whether full time, part time, casual or shiftwork); f) the amount of notice given by the employer when making the request to work on the public holiday; g) the amount of notice given by the employee if refusing the request to work on the public holiday; h) any other relevant matters.

3 For further information please refer to the AHA NSW s Arrangements for Work on Public Holidays Fact Sheet. PAYMENT ON A PUBLIC HOLIDAY The NES provide that if an employee is absent on a public holiday, and that day would generally constitute part of the employee s ordinary working hours, they are entitled to receive payment for their absence at their base rate of pay. If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment. For example, if the employee is a casual employee who is not rostered to work on the public holiday, or is a part-time employee whose parttime hours do not include the day of the week on which the public holiday occurs. However, it is important to note that a relevant modern award or industrial instrument and the employee s contract of employment may provide for other payments or entitlements to be made to the employee on a public holiday. If the Hospitality Industry (General) Award 2010 ( the Hospitality Award ) applies to you and your employees, you should refer to clauses 32.2 and INTERACTION WITH ANNUAL LEAVE AND PERSONAL LEAVE The NES provides that if an employee is absent on a period of paid annual leave or paid personal leave and a public holiday falls during that period, the employee is taken not to be on paid annual leave or paid personal leave. For further information please refer to the AHA NSW s Annual Leave and Personal/Carer s Leave and Compassionate Leave Fact Sheets. For further information on public holidays please contact the AHA NSW Legal and Industrial Affairs Department on (02) or at legal@ahansw.com.au.

4 LISTING OF 2017 PUBLIC HOLIDAYS (and adjacent 2016 and 2018 public holidays) GENERAL PUBLIC HOLIDAYS FOR NSW 2016 SUNDAY 25 DECEMBER 2016 CHRISTMAS DAY MONDAY 26 DECEMBER 2016 BOXING DAY TUESDAY 27 DECEMBER 2016 ADDITIONAL DAY SUNDAY JANUARY 2017 NEW YEAR S DAY MONDAY 2 JANUARY 2017 ADDITIONAL DAY THURSDAY 26 JANUARY 2017 AUSTRALIA DAY FRIDAY 14 APRIL 2017 GOOD FRIDAY SATURDAY SUNDAY 15 APRIL 2017 EASTER SATURDAY 16 APRIL 2017 EASTER SUNDAY MONDAY 17 APRIL 2017 EASTER MONDAY TUESDAY 25 APRIL 2017 ANZAC DAY MONDAY MONDAY 12 JUNE 2017 QUEEN S BIRTHDAY 2 OCTOBER 2017 LABOUR DAY MONDAY 25 DECEMBER 2017 CHRISTMAS DAY

5 TUESDAY 26 DECEMBER 2017 BOXING DAY MONDAY JANUARY 2018 NEW YEAR S DAY FRIDAY 26 JANUARY 2018 AUSTRALIA DAY LOCAL PUBLIC HOLIDAYS FOR NSW 2016 FRIDAY 10 FEBRUARY 2017 (12.00pm to 6.00pm) Walcha Cup FRIDAY 17 FEBRUARY 2017 (9.00am to 5.00pm) Kangaroo Valley Show MONDAY 20 MARCH 2017 (12:00pm to 5:00pm) Armidale Cup FRIDAY 24 MARCH 2017 Albury Gold Cup WEDNESDAY 3 MAY 2017 (12:00pm to 5:00pm) Maclean Show FRIDAY 12 MAY 2017 Scone Cup TUESDAY 16 MAY 2017 (8.30am to 7pm) Yeoval Cup Walcha Council area That part of the County of Camden, the Parish of Cambewarra and those portions of the Parishes of Burrawang, Bugong, Yarrawa and Wallawa, situated within the Shoalhaven City Council area Armidale City, as shown edged blue on the map marked Old Armidale City deposited in the office of Armidale Regional Council Albury City Council area Police Patrol Districts of Maclean, Yamba and Iluka within the Clarence Valley Council area Aberdeen, Blandford, Bunnan Ellerston, Gundy Moonan Brook, Moonan Flat, Murrurundi, Parkville Scone, Rouchel, Timor and Wingen within the Upper Hunter Shire Council area The part of Yeoval that is situated within the Cabonne Shire Council area.

6 MONDAY 22 MAY 2017 Nyngan Show Bogan Shire Council area WEDNESDAY 31 MAY 2017 Coonamble Annual Show WEDNESDAY 12 JULY 2017 (1:00pm to 5:00pm) Ramornie Race Day THURSDAY 13 JULY 2017 (1:00pm to 5:00pm) Grafton Cup Day THURSDAY 3 AUGUST 2017 (12:00pm to 5:30pm) Coffs Harbour Gold Cup WEDNESDAY 16 AUGUST 2017 (9:00am to 5:00pm) Trundle Show WEDNESDAY 23 AUGUST 2017 (9:00am to 5:00pm) Peak Hill Show TUESDAY 29 AUGUST 2017 (12:00pm to 5:00pm) Parkes Show Coonamble Shire Council area Grafton City within the Clarence Valley Council area Grafton City within the Clarence Valley Council area Coffs Harbour City Council area Trundle, Bogan Gate and Bruie Plains (suburbs), as shown edged red on the map marked Trundle Show Boundaries deposited in the office of Parkes Shire Council Peak Hill (suburb), as shown edged blue on the map marked Peak Hill Show Boundaries deposited in the office of Parkes Shire Council Parkes, Tichborne, Nelungaloo, Gunningbland, Cooks Myall, Goonumbla, Alectown, part of Mandagery and part of Cookamidgera (suburbs), as shown edged pink on the map marked Parkes Show Boundaries deposited in the office of Parkes Shire Council

7 WEDNESDAY 6 SEPTEMBER 2017 (12:00pm to 6:00pm) West Wyalong Show THURSDAY 21 SEPTEMBER 2017 (12:00pm to 6:00pm) Lismore Cup Day THURSDAY 2 NOVERMBER 2017 (1:00pm to 5:00pm) Jacaranda Thursday Friday 8 December 2017 Muswellbrook Cup Town improvement districts of West Wyalong, Wyalong and Tallimba, as shown edged black on the maps marked Town Improvement District Wyalong/West Wyalong and Town Improvement District Tallimba deposited in the office of Bland Shire Council Lismore City Council area Grafton City within the Clarence Valley Council area Muswellbrook Shire Council The Local Public Holidays detailed above have been declared under the following orders: The Public Holidays Amendment Order 2016 The Public Holidays Amendment Order (No 2) 2016 The Public Holidays Amendment (Walcha Council) Order 2016 The Public Holidays Amendment (Shoalhaven City Council) Order 2016 The Public Holidays Amendment (Bland City Council) Order 2016 The Public Holidays Amendment Order 2017 The Public Holidays Amendment (Ballina, Kempsey, Muswellbrook and Walcha) Order 2017 For further information on public holidays please contact the AHA NSW Legal and Industrial Affairs Department on (02) or legal@ahansw.com.au.